A term expresses a thick concept if it expresses a specific evaluative concept that is also substantially descriptive. It is a matter of debate how this rough account should be unpacked, but examples can help to convey the basic idea. Thick concepts are often illustrated with virtue concepts like courageous and generous, action concepts like murder and betray, epistemic concepts like dogmatic and wise, and aesthetic concepts like gaudy and brilliant. These concepts (...) seem to be evaluative, unlike purely descriptive concepts such as red and water. But they also seem different from general evaluative concepts. In particular, thick concepts are typically contrasted with thin concepts like good, wrong, permissible, and ought, which are general evaluative concepts that do not seem substantially descriptive. When Jane says that Max is good, she appears to be evaluating him without providing much description, if any. Thick concepts, on the other hand, are evaluative and substantially descriptive at the same time. For instance, when Max says that Jane is courageous, he seems to be doing two things: evaluating her positively and describing her as willing to face risk. Because of their descriptiveness, thick concepts are especially good candidates for evaluative concepts that pick out properties in the world. Thus they provide an avenue for thinking about ethical claims as being about the world in the same way as descriptive claims. -/- Thick concepts became a focal point in ethics during the second half of the twentieth century. At that time, discussions of thick concepts began to emerge in response to certain disagreements about thin concepts. For example, in twentieth-century ethics, consequentialists and deontologists hotly debated various accounts of good and right. It was also claimed by non-cognitivists and error-theorists that these thin concepts do not correspond to any properties in the world. Dissatisfaction with these viewpoints prompted many ethicists to consider the implications of thick concepts. The notion of a thick concept was thought to provide insight into meta-ethical questions such as whether there is a fact-value distinction, whether there are ethical truths, and, if there are such truths, whether these truths are objective. Some ethicists also theorized about the role that thick concepts can play in normative ethics, such as in virtue theory. By the beginning of the twenty-first century, the interest in thick concepts had spread to other philosophical disciplines such as epistemology, aesthetics, metaphysics, moral psychology, and the philosophy of law. -/- Nevertheless, the emerging interest in thick concepts has sparked debates over many questions: How exactly are thick concepts evaluative? How do they combine evaluation and description? How are thick concepts related to thin concepts? And do thick concepts have the sort of significance commonly attributed to them? This article surveys various attempts at answering these questions. (shrink)

So-called "thick" moral concepts are distinctive in that they somehow "hold together" evaluation and description. But how? This paper argues against the standard view that the evaluations which thick concepts may be used to convey belong to sense or semantic content. That view cannot explain linguistic data concerning how thick concepts behave in a distinctive type of disagreements and denials which arise when one speaker regards another's thick concept as "objectionable" in a certain (...) sense. The paper also briefly considers contextualist, presuppositional, and implicature accounts of the evaluative contents of thick concepts, but finds none clearly superior to the others. (shrink)

Some philosophers hold that so-called "thick" terms and concepts in ethics (such as 'cruel,' 'selfish,' 'courageous,' and 'generous') are contextually variable with respect to the valence (positive or negative) of the evaluations that they may be used to convey. Some of these philosophers use this variability claim to argue that thick terms and concepts are not inherently evaluative in meaning; rather their use conveys evaluations as a broadly pragmatic matter. I argue that one sort of putative (...) examples of contextual variability in evaluative valence that are found in the literature fail to support the variability claim and that another sort of putative examples are open to a wide range of explanations that have different implications for the relationship between thick terms and concepts and evaluation. I conclude that considerations of contextual variability fail to settle whether thick terms and concepts are inherently evaluative in meaning. In closing I suggest a more promising line of research. (shrink)

Non-cognitivists claim that thick concepts can be disentangled into distinct descriptive and evaluative components and that since thick concepts have descriptive shape they can be mastered independently of evaluation. In Non-Cognitivism and Rule-Following, John McDowell uses Wittgenstein’s rule-following considerations to show that such a non-cognitivist view is untenable. In this paper I do several things. I describe the non-cognitivist position in its various forms and explain its driving motivations. I then explain McDowell’s argument against non-cognitivism and (...) the Wittgensteinian considerations upon which it relies, because this has been sufficiently misunderstood by critics and rarely articulated by commentators. After clarifying McDowell’s argument against non-cognitivism, I extend the analysis to show that commentators of McDowell have failed to appreciate his argument and that critical responses have been weak. I argue against three challenges posed to McDowell, and show that the case of thick concepts should lead us to reject non-cognitivism. (shrink)

This chapter presents an alternative to the standard view that at least some of the evaluations that the so-called “thick” terms and concepts in ethics may be used to convey belong to their sense or semantic meaning. After introducing the topic and making some methodological remarks, the chapter presents a wide variety of linguistic data that are well explained by the alternative view that at least a very wide range of thick terms and concepts are such (...) that even the evaluations that are most closely connected to them are only a certain kind of defeasible implications of their utterances which can be given a conversational explanation. The chapter then describes some reasons to think that this explanation of the data presented is superior to the standard view, although a fuller assessment must await further work. The chapter closes by explaining the largely deflationary consequences of this account for claims that thick terms and concepts have deep and distinctive significance to evaluative thought and judgment. (shrink)

This paper proposes a new Separabilist account of thick concepts, called the Expansion View (or EV). According to EV, thick concepts are expanded contents of thin terms. An expanded content is, roughly, the semantic content of a predicate along with modifiers. Although EV is a form of Separabilism, it is distinct from the only kind of Separabilism discussed in the literature, and it has many features that Inseparabilists want from an account of thick concepts. (...) EV can also give non-cognitivists a novel escape from the Anti-Disentangling Argument. §I explains the approach of all previous Separabilists, and argues that there’s no reason for Separabilists to take this approach. §II explains EV. §III fends off objections. And §IV explains how non-cognitivist proponents of EV can escape the Anti-Disentangling Argument. (shrink)

Many theorists hold that there is, among value concepts, a fundamental distinction between thin ones and thick ones. Among thin ones are concepts like good and right. Among concepts that have been regarded as thick are discretion, caution, enterprise, industry, assiduity, frugality, economy, good sense, prudence, discernment, treachery, promise, brutality, courage, coward, lie, gratitude, lewd, perverted, rude, glorious, graceful, exploited, and, of course, many others. Roughly speaking, thick concepts are value concepts with (...) significant descriptive content. I will discuss a number of problems having to do with how best to understand the notion of a thick concept. Thick concepts have been widely discussed in the .. (shrink)

Thick terms and concepts in ethics somehow combine evaluation and non-evaluative description. The non-evaluative aspects of thick terms and concepts underdetermine their extensions. Many writers argue that this underdetermination point is best explained by supposing that thick terms and concepts are semantically evaluative in some way such that evaluation plays a role in determining their extensions. This paper argues that the extensions of thick terms and concepts are underdetermined by their meanings in (...) toto, irrespective of whether their extensions are partly determined by evaluation; the underdetermination point can therefore be explained without supposing that thick terms and concepts are semantically evaluative. My argument applies general points about semantic gradability and context-sensitivity to the semantics of thick terms and concepts. (shrink)

Thick concepts, namely those concepts that describe and evaluate simultaneously, present a challenge to science. Since science does not have a monopoly on value judgments, what is responsible research involving such concepts? Using measurement of wellbeing as an example, we first present the options open to researchers wishing to study phenomena denoted by such concepts. We argue that while it is possible to treat these concepts as technical terms, or to make the relevant value (...) judgment in-house, the responsible thing to do, especially in the context of public policy, is to make this value judgment through a legitimate political process that includes all the stakeholders of this research. We then develop a participatory model of measurement based on the ideal of co-production. To show that this model is feasible and realistic, we illustrate it with a case study of co-production of a concept of thriving conducted by the authors in collaboration with a UK anti-poverty charity Turn2us. (shrink)

The Gettier problem has stymied epistemologists. But, whether or not this problem is resolvable, we still must face an important question: Why does the Gettier problem arise in the first place? So far, philosophers have seen it as either a problem peculiar to the concept of knowledge, or else an instance of a general problem about conceptual analysis. But I would like to steer a middle course. I argue that the Gettier problem arises because knowledge is a thick concept, (...) and a Gettier-like problem is just what we should expect from attempts at analyzing a thick concept. Section 2 is devoted to establishing the controversial claim that knowledge is thick, and, in Sect. 3, I show that there is a general problem for analyzing thick concepts of which the Gettier problem is a special instance. I do not take a stand on whether the Gettier problem, or its general counterpart, is resolvable. My primary aim is to bring these problems into better focus. (shrink)

Critics argue that non-cognitivism cannot adequately account for the existence and nature of some thick moral concepts. They use the existence of thick concepts as a lever in an argument against non-cognitivism, here called the Thick Concept Argument (TCA). While TCA is frequently invoked, it is unfortunately rarely articulated. In this paper, TCA is first reconstructed on the basis of John McDowell’s formulation of the argument (from 1981), and then evaluated in the light of several (...) possible non-cognitivist responses. In general, TCA assumes too much about what a non-cognitivist is (or must be) committed to. There are several non-cognitivist theories, and only some fit the view attacked by TCA. Furthermore, TCA rests on a contestable intuition about a thought experiment, here called the External Standpoint Experiment (ESE). It is concluded that TCA is remarkably weak, given how frequently the argument is invoked. (shrink)

I argue that knowledge is a particular kind of concept known as a thick concept. Examples of thick concepts include courage, generosity, loyalty, brutality, and so forth. These concepts are commonly said to combine both evaluation and description, and one of the main goals of this dissertation is to provide a new account of how a thick concept combines these elements. It is argued that thick concepts are semantically evaluative, and that they combine (...) evaluation and description in a way similar to that of concepts like good qua dancer and bad qua violinist. In the final chapter, this basic idea is applied to the concept of knowledge. There, the concept of knowledge is analyzed in terms of good qua belief. The upshot is that two central epistemological problems—the Gettier Problem and the Value Problem—can be resolved. (shrink)

Boghossian’s (2003) proposal to conditionalize concepts as a way to secure their legitimacy in disputable cases applies well, not just to pejoratives – on whose account Boghossian first proposed it – but also to thick ethical concepts. It actually has important advantages when dealing with some worries raised by the application of thick ethical terms, and the truth and facticity of corresponding statements. In this paper, I will try to show, however, that thick ethical (...) class='Hi'>concepts present a specific case, whose analysis requires a somewhat different reconstruction from that which Boghossian offers. A proper account of thick ethical concepts should be able to explain how ‘evaluated’ and ‘evaluation’ are connected. (shrink)

Ethicists are typically willing to grant that thick terms (e.g. ‘courageous’ and ‘murder’) are somehow associated with evaluations. But they tend to disagree about what exactly this relationship is. Does a thick term’s evaluation come by way of its semantic content? Or is the evaluation pragmatically associated with the thick term (e.g. via conversational implicature)? In this paper, I argue that thick terms are semantically associated with evaluations. In particular, I argue that many thick (...) class='Hi'>concepts (if not all) conceptually entail evaluative contents. The Semantic View has a number of outspoken critics, but I shall limit discussion to the most recent--Pekka Väyrynen--who believes that objectionable thick concepts present a problem for the Semantic View. After advancing my positive argument in favor of the Semantic View (section II), I argue that Väyrynen’s attack is unsuccessful (section III). One reason ethicists cite for not focusing on thick concepts is that such concepts are supposedly not semantically evaluative whereas traditional thin concepts (e.g. good and wrong) are. But if my view is correct, then this reason must be rejected. (shrink)

This is a review essay devoted to Pekka Väyrynen’s The Lewd, the Rude and the Nasty. Väyrynen’s book, concerned with thick terms and thick concepts, argues for a pragmatic view on the evaluativeness associated with these terms and concepts. The essay raises a number of critical questions regarding what Väyrynen’s arguments for his view actually show. It deals with, for example, thick properties, the fact-value distinction, what it is for terms and concepts to be (...) (semantically) evaluative, and whether Väyrynen’s arguments generalize to thin evaluative concepts. (shrink)

The descriptions 'good' and 'bad' are examples of thin concepts, as opposed to 'kind' or 'cruel' which are thick concepts. Simon Kirchin provides one of the first full-length studies of the crucial distinction between 'thin' and 'thick' concepts, which is fundamental to many debates in ethics, aesthetics and epistemology.

Thick Evaluation, by KirchinSimon. Oxford: Oxford University Press, 2017. Pp. xi + 198.

Abstract Do the central aims of epistemology, like those of moral philosophy, require that we designate some important place for those concepts located between the thin-normative and the non-normative? Put another way, does epistemology need "thick" evaluative concepts and with what do they contrast? There are inveterate traditions in analytic epistemology which, having legitimized a certain way of viewing the nature and scope of epistemology's subject matter, give this question a negative verdict; further, they have carried with (...) them a tacit commitment to what we argue to be an epistemic analogue of the reductionistic centralist thesis which Bernard Williams, in our view, successfully repudiates in ethics. In this essay, we challenge the epistemic analogue of the traditional but mistaken thesis. In offering an alternative to it which provides a comfortable home for the epistemic normativity which attends thick evaluative concepts, we align ourselves with what has been recently called the Value Turn in epistemology. From this perspective, we defend that, contrary to tradition, as influenced by centralist assumptions, epistemology does need thick evaluative concepts. Further, the sort of theories that will be able to give thick evaluative concepts an irreducible role in both belief and agent evaluation are adequately social epistemologies. What loosely refer to as second-wave of virtue epistemology is the widespread interest to provide a comfortable home for the role of thick normativity, as it is connected both with epistemic evaluation, and guidance. We recognize that, in breaking from centralism, there is a worry that a resulting anti-centralist theory will be reductionistic in the other direction, making the thick primary. We contend however that second-wave virtue epistemologies take different sources of social and epistemic value into account; they seek the 'right thickness' to ride with conception of epistemology and a field which due in part to virtue theory's resurgence, is today normative, diverse and expansive than was the traditional set of problems from which it emerged. (shrink)

Cornell realists maintain that irreducible moral properties have earned a place in our ontology in virtue of the indispensable role they play in a variety of explanations. These explanations can be divided into two groups: those that employ thin ethical concepts and those that employ thick ethical concepts. Recent work on thick concepts suggests that they are not inherently evaluative in their meaning. If correct, this creates problems for the moral explanations of Cornell realists, since (...) the most persuasive moral explanations are those that employ thick concepts. If thick concepts are not inherently evaluative, then the most plausible explanations on offer cannot support Cornell realism. Moral explanations employing thin concepts, however, are too flimsy to support the view. Unless proponents can develop a compelling story about thick concepts or thin explanations, Cornell realism is in trouble. (shrink)

The distinction between “thick” and “thin” value concepts, and its importance to ethical theory, has been an active topic in recent meta-ethics. This paper defends three claims regarding the parallel issue about thick and thin epistemic concepts. (1) Analogy with ethics offers no straightforward way to establish a good, clear distinction between thick and thin epistemic concepts. (2) Assuming there is such a distinction, there are no semantic grounds for assigning thick epistemic (...) class='Hi'>concepts priority over the thin. (3) Nor does the structure of substantive epistemological theory establish that thick epistemic concepts enjoy systematic theoretical priority over the thin. In sum, a good case has yet to be made for any radical theoretical turn to thicker epistemology. (shrink)

The scope of libertarian law is normally limited to the application of the non-aggression principle (NAP), nothing more and nothing less. However, judging when the NAP has been violated requires not only a conception of praxeological notions such as aggression, but also interpretive understanding of what synthetic events count as the relevant praxeological types. Interpretive understanding—or verstehen—can be extremely heterogeneous between agents. The particular verständnis taken by a judge has considerable moral and political implications. Since selecting a verständnis is pre-requisite (...) to applying the NAP, the NAP itself cannot tell us which one we ought morally to choose. Therefore the application of the NAP calls on moral and political considerations outside of the NAP itself. Since some of these are more consistent with an endorsement of the NAP than others, libertarianism is not a “thin” commitment to the NAP alone, but a “thick” commitment to the NAP and other supporting moral and political considerations. (shrink)

In the present paper I argue that the formalism of Newtonian mechanics stems directly from the general principle to be called the principle of microlevel reducibility which physical systems obey in the realm of classical physics. This principle assumes, first, that all the properties of physical systems must be determined by their states at the current moment of time, in a slogan form it is ``only the present matters to physics.'' Second, it postulates that any physical system is nothing but (...) an ensemble of structureless particles arranged in some whose interaction obeys the superposition principle. I substantiate this statement and demonstrate directly how the formalism of differential equations, the notion of forces in Newtonian mechanics, the concept of phase space and initial conditions, the principle of least actions, etc. result from the principle of microlevel reducibility. The philosophical concept of thick presentism and the introduction of two dimensional time-physical time and meta-time that are mutually independent on infinitesimal scales-are the the pivot points in these constructions. (shrink)

In the literature seeking to explain concepts in terms of their point, talk of ‘the point’ of concepts remains under-theorised. I propose a typology of points which distinguishes practical, evaluative, animating, and inferential points. This allows us to resolve tensions such as that between the ambition of explanations in terms of the points of concepts to be informative and the claim that mastering concepts requires grasping their point; and it allows us to exploit connections between types (...) of points to understand why they come apart, and whether they do so for problematic ideological reasons or for benignly functional reasons. (shrink)

In this paper we focus on some new normativist positions and compare them with traditional ones. In so doing, we claim that if normative judgments are involved in determining whether a condition is a disease only in the sense identified by new normativisms, then disease is normative only in a weak sense, which must be distinguished from the strong sense advocated by traditional normativisms. Specifically, we argue that weak and strong normativity are different to the point that one ‘normativist’ label (...) ceases to be appropriate for the whole range of positions. If values and norms are not explicit components of the concept of disease, but only intervene in other explanatory roles, then the concept of disease is no more value-laden than many other scientific concepts, or even any other scientific concept. We call the newly identified position “value-conscious naturalism” about disease, and point to some of its theoretical and practical advantages. (shrink)

The challenge of thick character consists in explaining the apparent fact that one object can be charactered in many ways. If we assume a trope bundle theory, we ought to answer in turn the two following questions: What are the requirements on a trope bundle theory if it is to adequately account for thick-character?; Is a trope bundle theory that meets those requirements preferable to rival theories? In order to address the above questions, the paper proceeds as follows. (...) In the first section I cover two preliminary matters: I introduce the concept of thick-character and distinguish it from other related concepts. Then, I sketch several leading accounts of character and situate bundle theory among them. Also, I pick up and argue that there are three requirements on a trope bundle theory if it is to adequately account for thick-character. Lastly, in the third section I pick up and argue that the requirements spell trouble for trope bundle theory. This trouble, I argue, indicates that trope bundle theory—and hence bundle theory simpliciter—fails to better its chief rival, substance-attribute theory. (shrink)

Raymond Geuss asserts that there are fragmented views on what human rights are and that there is no unifying principle underlying such notion. I think that this view has its merits. It conveys the particularity of our perspectives, attitudes, desires and self-understandings. It rejects abstractness and is committed to a thick, perspectivist, historical understanding of personhood. To understand who we are, is to understand how we arrive at being who we are. By contrast, the notion of human rights deploys (...) abstractness, unification of agency, necessity and a thin view of personhood. In this paper, I attempt to bring into focus these two aspects of the notion of human rights. I will first analyse the genealogical method advocated by Geuss and argue that it has the merit of elucidating our historical contingencies; however, it is argued that any view in favour of the genealogical method relies on the idea that evaluative or normative concepts cannot be defined in terms of a common denominator. We reconstruct the Aristotelian idea of 'focal meaning' as core-resemblance and show that there is a unifying concept of human rights. We conclude that the perspectivist spirit of genealogy is not far from the Aristotelian tradition. Aristotle's inquiry into a concept that could grasp different perspectives and contingencies as opposed to a Platonic understanding of abstract and universal forms shows that genealogical worries are germane to the tradition. (shrink)

With regard to the new directions in the Humanities, here I am going to consider and examine the approach of al-Farabi as a medieval thinker in introducing a new outlook to “language” in difference with the other views. Thereby, I will explore his challenges in the frame of “philosophical humanism” as a term given by Arkoun (1970) and Kraemer (1984) to the humanism of the Islamic philosophers and their circles, mainly in the tenth and eleventh centuries. Al-Farabi’s conception of philosophical (...) humanism, in which philosophy is thick and religion is thin, makes its agony with the other versions of humanism and also orthodox Islam. It means that his introduction of a humanistic understanding of language should be placed in such a multi-level contested environment. According to al-Farabi, language as a universal category has relation with reason that logic should function as its proper instrument. As a result, there is no specific privileged predetermined language, but the position of any language is shaped by its relation with human reason and formal logic that is something human-made. And such a conception means language in human terms. Key Terms: Al-Farabi; Language; Philosophical Humanism; Arabic: Greek . (shrink)

Evaluative concepts and emotions appear closely connected. According to a prominent account, this relation can be expressed by propositions of the form ‘something is admirable if and only if feeling admiration is appropriate in response to it’. The first section discusses various interpretations of such ‘Value-Emotion Equivalences’, for example the Fitting Attitude Analysis, and it offers a plausible way to read them. The main virtue of the proposed way to read them is that it is well-supported by a promising (...) account of emotions, namely the Perceptual Theory of Emotions, which emphasises the analogies between emotions and sensory perceptual experiences. The second section considers a worry about whether concepts such as admirable are really evaluative. It is maintained that even though the arguments used to show that thick terms and concepts are not inherently evaluative can be transposed to affective concepts, these arguments can be resisted. So there is no need to abandon the intuitive claim that affective concepts are inherently evaluative. (shrink)

Call the view that it is possible to acquire aesthetic knowledge via testimony, optimism, and its denial, pessimism. In this paper, I offer a novel argument for pessimism. It works by turning attention away from the basis of the relevant belief, namely, testimony, and toward what that belief in turn provides a basis for, namely, other attitudes. In short, I argue that an aesthetic belief acquired via testimony cannot provide a rational basis for further attitudes, such as admiration, and that (...) the best explanation for this is that the relevant belief is not itself rational. If a belief is not rational, it is not knowledge. So, optimism is false. After addressing a number of objections to the argument, I consider briefly its bearing on the debate concerning thick evaluative concepts. While the aim is to argue that pessimism holds, not to explain why it holds, I provide an indication in closing of what that explanation might be. (shrink)

Many philosophers believe that the extensions of evaluative terms and concepts aren’t unified under non-evaluative similarity relations and that this “shapelessness thesis” (ST) has significant metaethical implications regarding non-cognitivism, ethical naturalism, moral particularism, thick concepts and more. ST is typically offered as an explanation of why evaluative classifications appear to “outrun” classifications specifiable in independently intelligible non-evaluative terms. This paper argues that both ST and the outrunning point used to motivate it can be explained on the basis (...) of more general factors that have nothing in particular to do with being evaluative. If so, there is no reason to expect ST to carry the sorts of metaethical implications that get attributed to it. I also show that my main argument is robust across certain complications that are raised by the context-sensitivity of many evaluative terms but have so far been ignored in discussions of ST and related matters. (shrink)

This paper argues that challenges that are grand in scope such as "lifelong health and wellbeing", "climate action", or "food security" cannot be addressed through scientific research only. Indeed scientific research could inhibit addressing such challenges if scientific analysis constrains the multiple possible understandings of these challenges into already available scientific categories and concepts without translating between these and everyday concerns. This argument builds on work in philosophy of science and race to postulate a process through which non-scientific notions (...) become part of science. My aim is to make this process available to scrutiny: what I call founding everyday ideas in science is both culturally and epistemologically conditioned. Founding transforms a common idea into one or more scientifically relevant ones, which can be articulated into descriptively thicker and evaluatively deflated terms and enable operationalisation and measurement. The risk of founding however is that it can invisibilise or exclude from realms of scientific scrutiny interpretations that are deemed irrelevant, uninteresting or nonsensical in the domain in question-but which may remain salient for addressing grand-in-scope challenges. The paper considers concepts of "wellbeing" in development economics versus in gerontology to illustrate this process. (shrink)

Some are skeptical about the possibility of objectivity in law. In this article, I argue that common law legal adjudication can yield objective judgments, based on a legitimate conception of objectivity, one that shares in the kind of objectivity available to scientific and ethical judgments.

This paper concerns two topics which, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the workings of entangled concepts in the law. That appellate adjudication is important in some sense may seem obvious to everybody (to a few it will seem obvious that appellate adjudication is unimportant). My point will be that via appellate adjudication courts engineer entangled legal concepts, and it (...) is this aspect of appellate adjudication that is both crucial and unique to it, at least in the U.S. legal system. Entangled concepts intertwine description and evaluation; entangled legal concepts facilitate and constrain legal reasoning and legal judgments, in ways that distinguish legal adjudication from pure politics or the implementation of public policy. In the paper itself, I demonstrate more fully what it is for a legal concept to be an entangled one and how entanglement supplies guidance in adjudication. I also broach how entanglement in legal concepts and engineered entanglement have significance for legal pedagogy; appellate adjudication; the respective roles of the judiciary, the legislature, and administrative agencies; the erosion of the distinction between so-called public law and so-called private law; and our understanding of the fact/value distinction. -/- Understanding more specifically the nature of the entanglement at work in appellate adjudication requires much closer scrutiny of appellate opinions than we usually give. I examine carefully the background to MacPherson v. Buick and Justice Benjamin Cardozo’s particular re-engineering of ‘negligence’ and ‘duty,’ entangled concepts belonging to the same legal taxonomy. Via this scrutiny, I demonstrate the flaws in the engineering of some concepts in the buildup to MacPherson, and how these flaws led to those concepts’ collapse and ultimately to Cardozo’s re-engineering of ‘negligence’ and ‘duty.’ I also explain why careful understanding of the engineering of entangled legal concepts can make us appreciate that even the most successful of such concepts have within in them the grounds for their own obsolescence. -/- To show that conceptual engineering of entangled concepts occurs outside the context of state common law, I also examine how the U.S. Supreme Court has engineered ‘commerce’, itself an entangled concept. The recent decision regarding the individual mandate in the Affordable Care Act makes this example particularly timely. This secondary example also clarifies the nature of entanglement and engineering it. -/- This article concerns appellate adjudication in any area of law. I maintain that whether we are dealing with private law or public law, common law or statutory law or Constitutional law, the defining feature of appellate adjudication is its continuous engineering and reengineering of entangled legal concepts. The merger of fact and value in these concepts explains both the fertility of appellate adjudication and the constraints judges work with when they work with legal concepts that entangle fact and value. (shrink)

The paper takes a novel approach to a classic problem—Hempel’s Raven Paradox. A standard approach to it supposes the solution to consist in bringing our inductive logic into “reflective equilibrium” with our intuitive judgements about which inductive inferences we should license. This approach leaves the intuitions as a kind of black box and takes it on faith that, whatever the structure of the intuitions inside that box might be, it is one for which we can construct an isomorphic formal edifice, (...) a system of inductive logic. By popping open the box we can see whether that faith is misplaced. I aim, therefore, to characterize our pre-theoretical, intuitive understanding of generalizations like “ravens are black” and argue that, intuitively, we take them to mean, for instance: “ravens are black by some indeterminate yet characteristic means.” I motivate and explicate this formulation and bring it to bear on Hempel’s Problem. (shrink)

Metaphysics should follow science in postulating laws alongside properties. I defend this claim against the claim that natural properties conceived as powers make laws of nature redundant. Natural properties can be construed in a “thin” or a “thick” way. If one attributes a property in the thin sense to an object, this attribution does not conceptually determine which other properties the object possesses. The thin construal is underlying the scientific strategy for understanding nature piecemeal. Science explains phenomena by cutting (...) reality conceptually in properties attributed to space-time points, where these properties are conceived of independently of each other, to explore then, in a separate step, how the properties are related to each other; those determination relations between properties are laws. This is compatible with the thesis that laws are metaphysically necessary. According to the thick conception, a property contains all its dependency relations to other properties. The dependency relationships between properties (which appear as laws in the thin conception) are parts of the properties they relate. There are several reasons to resist the thick conception of properties. It makes simple properties “holistic”, in the sense that each property contains many other properties as parts. It cannot account for the fact that properties constrain each other’s identity; it can neither explain why natural properties are linked to a unique set of dispositions, nor why and how this set is structured nor why the truth-maker of many disposition attributions is relational although the disposition is grounded on a monadic property. (shrink)

This paper develops under-recognized connections between moderate historicist methodology and character (or virtue) epistemology, and goes on to argue that their combination supports a “dialectical” conception of objectivity. Considerations stemming from underdetermination problems motivate our claim that historicism requires agent-focused rather than merely belief-focused epistemology; embracing this point helps historicists avoid the charge of relativism. Considerations stemming from the genealogy of epistemic virtue concepts motivate our claim that character epistemologies are strengthened by moderate historicism about the epistemic virtues and (...) values at work in communities of inquiry; embracing this point helps character epistemologists avoid the charge of objectivism. (shrink)

In this paper, I clarify and defend a provocative hypothesis offered by Bernard Williams, namely, that modern people are much more likely to speak in terms of master-concepts like “good” or “right,” and correspondingly less likely to think and speak in the pluralistic terms favored by certain Ancient societies. By conducting a close reading of the Platonic dialogues Charmides and Laches, I show that the figure of Socrates plays a key historical role in this conceptual shift. Once we understand (...) that our narrow, reductionist focus on “thin” ethical concepts is a contingent historical development, we are, I claim, in a much better position to evaluate it. (shrink)

Robert Sparrow recently argues that state-driven moral bioenhancement is morally problematic because it inevitably invites moral perfectionism. While sharing Sparrow’s worry about state-driven moral bioenhancement, I argue that his anti-perfectionism argument is too strong to offer useful normative guidance. That is, if we reject state-driven moral bioenhancement because it cannot remain neutral between different conceptions of the good, we might have to conclude that all forms of moral enhancement program ought not be made compulsory, including the least controversial and most (...) popular state-driven program: compulsory (moral) education. -/- In this paper, I argue that instead, the spirit of Sparrow’s worry should be recast in the language of the capability approach – an approach that strives to enhance people’s capabilities to develop their own conceptions of the good by restricting itself from endorsing thick conceptions of the good. The distinction made regarding thick and thin conceptions of the good helps better capture sentiments against state-driven bioenhancement programs without falling prey to the issues I raise against Sparrow’s anti-perfectionist arguments. (shrink)

I identify two mutually exclusive notions of formalism in Kant’s Critique of Aesthetic Judgement: a thin concept of aesthetic formalism and a thick concept of aesthetic formalism. Arguably there is textual support for both concepts in Kant’s third critique. I offer interpretations of three key elements in the Critique of Aesthetic Judgement which support a thick formalism. The three key elements are: Harmony of the Faculties, Aesthetic Ideas and Sensus Communis. I interpret these concepts in relation (...) to the conditions for theoretical Reason, the conditions for moral motivation and the conditions for intersubjectivity, respectively. I conclude that there is no support for a thin concept of aesthetic formalism when the key elements of Kant’s Critique of Aesthetic Judgement are understood in the context of his broader critical aims. (shrink)

‘Transformative liberals’ believe that the state should use its non-coercive capacities to counter hateful speech and practices, by seeking to transform the views of those who hold hateful and discriminatory beliefs. This paper critically assesses transformative liberalism, with a particular focus on the theory developed by Corey Brettschneider. For Brettschneider, the state should engage in ‘democratic persuasion’ by speaking out against views that are incompatible with the ideal of free and equal citizenship, and refusing to fund or subsidise civil society (...) groups that hold such views. My critique has five parts. I first rebut two central justifications for transformative liberalism, regarding complicity and the undermining of equal citizenship. Second, I show that some of the central policies that Brettschneider advocates are in fact coercive. Third, I raise concerns about the nature of the complex and contestable judgments that transformative liberalism requires the state to make. Fourth, I argue that Brettschneider’s view has various troubling implications. Finally, I argue that many of these problems derive from his adoption of a thick conception of free and equal citizenship, resulting in an overly broad definition of hateful viewpoints and of hate speech. A defensible version of transformative liberalism would use a significantly narrower conception. (shrink)

In this reply to Professor Hookway’s lecture the comments are focused, first, on the topic of what dichotomies really are, since it is an illuminating way of understanding pragmatism in general and Putnam’s pragmatism in particular. Dichotomies are artifacts that we devise with some useful purpose in mind, but when inflated into absolute dichotomies they become metaphysical bogeys as it is illustrated by the twentieth century distinction between fact and value. Secondly, a brief comment on the so-called “thick” ethical (...) concepts and artifact terms is presented, and finally it is added a word on John L. Austin, whose approach to dichotomies is aligned with pragmatism and Putnam. (shrink)

According to the fitting attitude (FA) analysis of value concepts, to conceive of an object as having a given value is to conceive of it as being such that a certain evaluative attitude taken towards it would be fitting. Among the challenges that this analysis has to face, two are especially pressing. The first is a psychological challenge: the FA analysis must call upon attitudes that shed light on our value concepts while not presupposing the mastery of these (...) concepts. The second challenge is normative: the FA analysis must account for the fittingness of the relevant attitudes in terms of a kind of normativity intimately related to these attitudes, but again without presupposing the mastery of the relevant value concepts. In this paper, we show that real progress is possible if we pay close attention to the nature of the attitudes recruited by the analysis. More specifically, we claim that an FA analysis that appeals to emotions conceived as evaluative attitudes — as opposed to, for instance, evaluative judgements or evaluative perceptions — has the best prospects of meeting the two challenges and of putting the FA analysis on a strong footing. (shrink)

The concept of human dignity has been criticized as either too thick or too thin. However, according to the non-positivistic standpoint, the legal normativity of human dignity can be justified and thus strengthened by means of its moral correctness. From the individual perspective, Mencius’ understanding of human dignity as an intrinsic value and Kant’s formula of ‘man as an end in itself’ can be adequately understood based on the differentiation of, as well as the connection between, principium diiudicationis and (...) principium executionis, between will and choice, and between homo phaenomenon and homo noumenon (that is, ‘humanity in the personality’). From the social perspective, since the dual dimensions of the individual and the social person are both fictive constructions, even Radbruch, once as a supporter of social law, has not replaced the concept of ‘legal person’ and, in the post-War period, acknowledges individualistic human dignity as the criterion for applying the famous ‘disavowal formula’. On the one hand, human dignity shows at least a weak normative character, which requires, firstly, balancing between the exercise of state powers and the constitutional review under the guidance of the dual dimensions of man and, secondly, optimization of the principle of human dignity in individual cases. On the other hand, through the necessary connection between the concept of dignity and that of personality, human dignity can exhibit a strong normative character, which unavoidably requires a metaphysical justification. (shrink)

The paper provides an analysis of the relationship between the concepts of justice and solidarity. The point of departure of the analysis is Ruud ter Meulen’s claim that these concepts are different but mutually complementary, i.e. are two sides of the same coin. In the paper two alternative accounts of the relationship are proposed. According to the first one, solidarity can be defined in terms of justice, i.e. is a special variety of liberal justice, viz. social liberal justice, (...) which, apart from the value of liberty, also stresses the importance of the value of equality. An example of such a theory is Rawls’s theory of justice, within which the value of equality is ‘encoded’ in the principle of fair equality of opportunity and in the difference principle. According to the second account, solidarity is an expression of a special type of social relationships – the so-called ‘thick relationships’, which are non-superficial, positive, their paradigmatic examples being family and friendship; in other words, the rules of solidarity are rules that are built into ‘thick relationships’. On the first account, justice and solidarity are not different, while on the second account they are different but mutually exclusive rather than mutually complementary. In the last part of the paper some remarks on the social causes of solidarity are made. (shrink)

Virtue theories can plausibly be argued to have important advantages over normative ethical theories which prescribe a strict impartialism in moral judgment, or which neglect people’s special roles and relationships. However, there are clear examples of both virtuous and vicious partiality in people’s moral judgments, and virtue theorists may struggle to adequately distinguish them, much as proponents of other normative ethical theories do. This paper first adapts the “expanding moral circle” concept and some literary examples to illustrate the difficulty of (...) adequately distinguishing virtuous from vicious partiality. Later sections aim to show how an adequate philosophical ethics will be able to both a) attribute virtue (and hence praiseworthiness) to agents whose actions may directly serve only their special interests, roles, or special relationships; and b) attribute vice (and hence censure) where an agent’s attitudes and/or actions mirror known personal biases (for instance, an egoistic attitude) or social biases (for instance, and ethnocentric attitude). This dual ability leaves space for much virtuous partiality, while also reflecting a “risk-aware” approach, recognizing the deleterious consequences of our human penchant for constructing and imbuing moral significance to oftentimes factitious us/them dichotomies. (shrink)

The literature on the indispensability argument for mathematical realism often refers to the ‘indispensable explanatory role’ of mathematics. I argue that we should examine the notion of explanatory indispensability from the point of view of specific conceptions of scientific explanation. The reason is that explanatory indispensability in and of itself turns out to be insufficient for justifying the ontological conclusions at stake. To show this I introduce a distinction between different kinds of explanatory roles—some ‘thick’ and ontologically committing, others (...) ‘thin’ and ontologically peripheral—and examine this distinction in relation to some notable ‘ontic’ accounts of explanation. I also discuss the issue in the broader context of other ‘explanationist’ realist arguments. (shrink)

This paper argues that an emotion is a state of affectively perceiving its intentional object as falling under a "thick affective concept" A, a concept that combines cognitive and affective aspects in a way that cannot be pulled apart. For example, in a state of pity an object is seen as pitiful, where to see something as pitiful is to be in a state that is both cognitive and affective. One way of expressing an emotion is to assert that (...) the intentional object of the emotion falls under the thick affective concept distinctive of the emotion. I argue that the most basic kind of moral judgment is is this category. It has the form "That is A" (pitiful, contemptible, rude, etc.). Such judgments combine the features of cognitivism and motivational judgment internalism, an advantage that explains why we find moral weakness problematic in spite of its ubiquity. I then outline a process I call "thinning" the judgment, which explains how moral strength, weakness, and apathy arise. I argue that this process is necessary for moral reasoning and communication, in spite of its disadvantage in disengaging the agent's motivating emotion from the judgment. (shrink)